Accessible Credit Reports 2023 Agreement

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This is a settlement agreement about accessible credit reports. The agreement is between three credit report agencies in the United States and the American Council of the Blind. Five blind people were also involved. The agreement was reached with collaboration instead of a lawsuit. The credit reporting agencies provide information to blind people in braille, large print, and audio formats. Online reports on annual credit report dot com are also accessible. Free credit reports are available once per week through the remainder of 2023. The number of free credit reports each year may change after that.

graphic image of a credit report page with bar chart and a magnifying glass

The settlement agreement posted here builds on a strong relationship between the American Council of the Blind and the three nationwide credit reporting agencies in the United States — Equifax, Experian, and TransUnion. This agreement renews a commitment first made in 2008 ensuring that credit report information offered on annualcreditreport.com is available to people who cannot read standard print.

There is also a renewed commitment to provide credit report information in braille, large print, and audio formats. (Consumer may call 1-877-322-8228 to obtain reports in these formats.)

The agreement recognizes blind people’s need to have private and independent access to critical financial information. And this agreement, reached through the Structured Negotiation process, represents a core value of this strategy of collaboration: building relationships between technology providers, disabled consumers, and disability advocacy organizations advances digital accessibility.

Settlement Agreement

This Settlement Agreement (“Agreement”) is entered into by and between the following parties: American Council of the Blind (“ACB”), Brian Charlson, James Gleason, Lori Gray, Lucy Greco and Paul Parravano (collectively, “Claimants”); Equifax Information Services LLC (“Equifax”), Experian Information Solutions, Inc. (“Experian”), TransUnion LLC (“TransUnion”) (collectively, “the Companies,” “the Consumer Reporting Agencies,” or “the CRAs”) and Central Source LLC (“Central Source”) for the purposes and on the terms specified herein and operates in conjunction with the Confidential Addendum to this Agreement.

Recitals

A.
Claimants Brian Charlson, James Gleason, Lori Gray, Lucy Greco, and Paul Parravano are individuals who are blind or visually impaired and who seek to access an Annual File Disclosure from each Consumer Reporting Agency through the joint website operated by Central Source at www.annualcreditreport.com. Claimants Brian Charlson, James Gleason, Lori Gray, Lucy Greco, and Paul Parravano also seek to obtain certain other information and utilize certain other disclosure services that are required by law that each CRA provides to consumers.
B.
ACB is a non-profit corporation that provides advocacy services in the United States on behalf of individuals who are blind or visually impaired, is dedicated to promoting the full integration of persons who are blind or have visual impairments into all aspects of society and provides information to the general public about the accomplishments, needs and contributions of persons who are blind or visually impaired. Among ACB’s board, staff and members, and those on whose behalf they advocate and provide services, are many individuals with visual disabilities within the meaning of state and federal law who seek to access an Annual File Disclosure from each Consumer Reporting Agency through the joint website operated by Central Source at www.annualcreditreport.com and seek to obtain certain other information and utilize other disclosure services that are required by law that each CRA provides to consumers. ACB is incorporated in Washington, D.C. and has its place of business in Alexandria, Virginia.
C.
Equifax is a nationwide Consumer Reporting Agency that issues Annual File Disclosures and provides information and other services to consumers throughout the United States. Equifax is incorporated in Georgia. Equifax is one of three members of Central Source and is a sponsor of the website www.annualcreditreport.com.
D.
Experian is a nationwide Consumer Reporting Agency that issues Annual File Disclosures and provides information and other services to consumers throughout the United States. Experian is incorporated in Ohio. Experian is one of three members of Central Source and is a sponsor of the website www.annualcreditreport.com.
E.
TransUnion is a nationwide Consumer Reporting Agency that issues Annual File Disclosures and provides information and other services to consumers throughout the United States. TransUnion is formed under the laws of Delaware. TransUnion is one of three members of Central Source and is a sponsor of the website www.annualcreditreport.com.
F.
Central Source is the centralized source for consumers to request Annual File Disclosures from nationwide consumer reporting agencies provided for by federal regulation, 16 C.F.R. § 610.2.
G.
In 2008 the Companies and Central Source engaged in Structured Negotiation and signed a settlement agreement with many of the Claimants to ensure that Annual File Disclosures and certain other information and services delivered through Central Source (“Credit Information”) was accessible to people who are blind and visually impaired. The Companies and Central Source worked in good faith to implement that agreement and continued their good faith efforts to provide accessible Credit Information in the decade following the agreement’s expiration.
H.
In 2019 Claimants’ Counsel notified the Companies and Central Source that despite these good faith efforts, Claimants had experienced barriers to accessibility when attempting to obtain accessible Credit Information through Central Source. The Parties agreed to engage in a second Structured Negotiation to resolve outstanding issues with the shared goal of ensuring that Credit Information is accessible to people who are blind and visually impaired.
I.
In September 2019, the Parties executed a Structured Negotiation Ground Rules Agreement to protect the interests of all Parties during the negotiation. Since executing that agreement, the Parties have engaged in good faith negotiations and shared relevant information. The Parties now enter into this Agreement to resolve issues concerning the accessibility of Credit Information for people who are blind or visually impaired and to avoid the burden, expense, and risk of potential litigation on these issues.
J.
In negotiating this Agreement, the Parties have a shared goal that Persons with Visual Impairments are able to independently and privately request, review, save, challenge and resolve challenges, and engage in all processes referred to herein in connection with their personal File Disclosures and File Disclosures of others they are authorized to obtain.
K.
By entering into this Agreement, the Companies and Central Source do not admit, and specifically deny, that they are subject to or have violated or failed to comply with any provisions of the Americans with Disabilities Act (ADA), the Fair Credit Reporting Act, the FACT Act, any applicable laws of any state relating to provision of Credit Information or relating to accessibility for persons with disabilities, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable laws, regulations, or legal requirements. Neither this Agreement, nor any of its terms or provisions, nor any of the negotiations connected with it, shall be construed as an admission or concession by any of the CRAs or Central Source of any such violation or failure to comply with any applicable law, or that the ADA or any other state law relating to accessibility applies to the CRAs or Central Source. This Agreement and its terms and provisions shall not be offered or received as evidence for any purpose whatsoever against any of the CRAs or Central Source in any action or proceeding, other than a proceeding to enforce the terms of this Agreement and the Confidential Addendum executed herewith.

NOW, THEREFORE, the parties hereby agree to the following provisions:

1.Definitions.
As used in this Agreement, the following terms shall be as defined below:

1.1.
Alternative Formats means Braille, Large Print, and Audio Formats.
1.2.
Annual File Disclosure means a File Disclosure that is provided to a Consumer by any CRA, upon Consumer request and without charge in connection with section 612(a) of the Fair Credit Report Act, 15 U.S.C. § 1681j(a) An annual File Disclosure may be provided more often than once per year.
1.3.
Audio Format means a synthesized voice recording on a compact disc.
1.4.
Consumer or Consumers means individuals or persons.
1.5.
Consumer Reporting Agency or CRA has the meaning provided in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(p).
1.6.
Customer Service Telephone Lines or Lines means any toll-free telephone number maintained by any CRA or Central Source that responds to consumer inquiries regarding (i) requests for Annual File Disclosures; (ii) requests for Alternative Formats for Annual File Disclosures; (iii) online authentication issues for Annual File Disclosures; (iv) questions or comments about annualcreditreport.com.
1.7.
Claimants’ Counsel means Goldstein, Borgen, Dardarian & Ho and Law Office of Lainey Feingold, and the attorneys practicing law therein.
1.8.
Effective Date means February 1, 2023.
1.9.
File Disclosure means any disclosure, including the score disclosure and a description of the method for Consumers to dispute information in the File Disclosure, by a Consumer Reporting Agency pursuant to, and containing the items listed in, section 609 (a), (c), (d), and (f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681g, that are required to be disclosed to a consumer by a CRA.
1.10.
Large Print means print in a minimum of 18 point Arial font.
1.11.
Person or Persons with a Visual Impairment means any person who has a physical or mental impairment that substantially limits him or her in the major life activity of seeing.
1.12.
Reasonable Consumer Request means a request that is made by a Consumer who is a Person with a Visual Impairment utilizing the methods set forth in sections 6.1 and 6.2 below. A Reasonable Consumer Request may include a Self-Certification by the Consumer making the request that he or she is a Person with a Visual Impairment, as set forth in section 6.4 below.
1.13.
Reinvestigation Results means the results of any reinvestigation by the CRA in response to a dispute made by the Consumer to an Annual File Disclosure or a File Disclosure pursuant to section 611(a)(6) of the Fair Credit Reporting Act, 15 U.S.C. § 1681i(a)(6).
2. Duration of Agreement.
The terms of this Agreement shall remain in effect for three (3) years from the Effective Date.
3. Availability of Information in Braille.
3.1. Braille Provisions Applicable to All CRAs.
As of the Effective Date, the Consumer Reporting Agencies each have a program in which a Consumer who is a Person with a Visual Impairment can make a Reasonable Consumer Request for and obtain Braille Annual File Disclosures and/or Braille File Disclosures (“Braille Disclosures”). As part of this program, when such a request is made, the CRA also provides any Reinvestigation Results in Braille. Each CRA will maintain and continue such program, consistent with the provisions of this Agreement, throughout the Duration of this Agreement.
3.2. Timeliness.
Braille Disclosures will be produced and sent to the requesting Consumer after receipt of the request, within the time frame consistent with the regulatory deadline for mailing print disclosures as set forth in 15 U.S.C. § 1681j(a)(2) for Annual File Disclosures.
3.3. Standards.
Braille materials provided pursuant to this Agreement shall be produced in Unified English Braille and shall comply with the Braille Authority of North America (BANA) standards and format guidelines for producing Braille materials, currently found at www.brailleauthority.org. If, during the Duration of this Agreement, Claimants notify the CRAs in writing that Braille materials provided pursuant to this Agreement are not in compliance with the BANA Standards, the CRAs will forward the notice to the appropriate Braille vendor(s) for correction/revision. No dispute regarding this Section will be initiated under Section 11 of this Agreement until at least ninety (90) days after such notice has been provided to the Braille production vendor.
3.4. Binding.
Braille documents shall be bound in a manner that does not restrict reading of the front page, the reverse side of the page or subsequent pages.
3.5. Completeness.
Braille Disclosures provided to Persons with a Visual Impairment pursuant to this Agreement shall include all information contained in print Annual File Disclosures mailed to members of the general public, except that the Braille Disclosures need not include page headers. Tables and charts will be formatted according to BANA standards and guidelines to enhance readability.
4. Availability of Information in Large Print.
4.1. Large Print Provisions Applicable to All CRAs.
As of the Effective Date, the Consumer Reporting Agencies each have a program in which a Consumer who is a Person with a Visual Impairment can make a Reasonable Consumer Request for and obtain Large Print Annual File Disclosures and/or Large Print File Disclosures (“Large Print Disclosures”). As part of this program, when such a request is made, the CRA also provides any Reinvestigation Results in Large Print. Each CRA will maintain and continue such program, consistent with the provisions of this Agreement, throughout the Duration of this Agreement.
4.2. Timeliness.
Large Print Disclosures will be produced and sent to the requesting Consumer after receipt of the request, within the time frame consistent with the regulatory deadline for mailing print disclosures as set forth in 15 U.S.C. § 1681j(a)(2) for Annual File Disclosures.
4.3. Completeness.
Large Print Disclosures provided to Persons with a Visual Impairment pursuant to this Agreement shall include all information contained in print Annual File Disclosures mailed to members of the general public.
4.4. Binding.
Large Print documents shall be bound in a manner that does not restrict reading of the front page, the reverse side of the page or subsequent pages.
5. Availability of Information in Audio Format.
5.1. Audio Format Provisions Applicable to All CRAs.
As of the Effective Date, the Consumer Reporting Agencies each have a program in which a Consumer who is a Person with a Visual Impairment can make a Reasonable Consumer Request for and obtain audio File Disclosures (“Audio Disclosures”). As part of this program, when such a request is made, the CRA also provides any Reinvestigation Results in Audio Format. Each CRA will maintain and continue such program, consistent with the provisions of this Agreement, throughout the Duration of this Agreement.
5.2. Timeliness.
Audio Disclosures will be produced and sent to the requesting Consumer after receipt of the request, within the time frame consistent with the regulatory deadline for mailing print disclosures as set forth in 15 U.S.C. § 1681j(a)(2) for Annual File Disclosures.
5.3. Completeness.
Audio Disclosures provided to Persons with a Visual Impairment pursuant to this Agreement shall include all information contained in print Annual File Disclosures mailed to members of the general public.
6. General Provisions Related to Braille, Large Print, and Audio Disclosures.
6.1. Requesting Alternative Formats by Phone.
As of the Effective Date, a toll-free number is provided in the Accessibility Statement of the annualcreditreport.com website. Persons with a Visual Impairments can call the number to make a Reasonable Consumer Request for Braille, Large Print and Audio Disclosures as provided for in Sections 3, 4, and 5 above. This Accessibility Statement is linked to the footer of every page on annualcreditreport.com. The CRAs and Central Source will maintain the Accessibility Statement’s link to the footer of each page on annualcreditreport.com for the Duration of the Agreement.
6.2. Identity Authentication and Alternative Format Requests.
To the extent any CRA requires a Consumer to authenticate his or her identity (not whether he or she is a Person with a Visual Impairment) as part of the process for making a Reasonable Consumer Request for Braille, Large Print, or Audio Disclosures, the Reasonable Consumer Request will be considered “received” after the Consumer provides information that allows the CRA to authenticate the Consumer’s identity. No later than June 30, 2023, and throughout the Duration of this Agreement thereafter, any request for authentication by a CRA shall be made in the same format in which the Reasonable Consumer Request was received by the CRA and will not unreasonably delay processing the Reasonable Consumer Request. The CRAs will use the same standards for determining when to request authentication and the types of authentication to request of Consumers who are Persons with a Visual Impairment that are used for Consumers who are not Persons with a Visual Impairment. No additional authentication will be required as a result of a Consumer’s Visual Impairment.
6.3. Self-Certification for Alternative Formats.
Each CRA may require a consumer to certify they are a Person with a Visual Impairment using the following language: “I certify that I am a person who is blind or visually impaired within the meaning of the Americans with Disabilities Act.” The self-certification method shall be in the same format in which the Reasonable Consumer Request has been made and will not unreasonably delay processing the Reasonable Consumer Request. This self-certification method will not require proof of visual impairment.
6.4. No Charge for Alternative Formats.
The CRAs and Central Source will not impose any fees or charges on any Person with a Visual Impairment for Alternative Formats provided pursuant to this Agreement, except that the same fees or charges, if any, that are charged to all consumers for File Disclosures may be charged for their Braille, Large Print, or Audio Disclosures. Notwithstanding the foregoing, in the event that a Consumer fraudulently self-certifies that he or she is a Person with a Visual Impairment, the CRA may charge such Consumer for the cost of providing Alternative Format materials including without limitation for the cost of postage thereon. Each CRA may advise consumers of their potential financial responsibility for making a fraudulent certification that he or she is a Person with a Visual Impairment.
6.5. Overseas Delivery of Alternative Formats.
Annual File Disclosures and File Disclosures can be sent to addresses within the United States or its territories and U.S. managed addresses such as AE, AF, and AP addresses. To the extent a CRA provides for delivery of Annual File Disclosures to other addresses outside the United States during the term of this Agreement, it will also provide for delivery of Annual File Disclosures in Alternative Formats to such other addresses. Any additional conditions placed on the delivery of Annual File Disclosures to such addresses, including additional verification requirements, shall also apply to Annual File Disclosures in Alternative Formats.
7. Availability of Information in Accessible Format on the Web.
7.1. Access Standard.
As used in this Agreement, and except when referring to PDF documents, the term Access Standard means the Web Content Accessibility Guidelines (WCAG) 2.1 Level A and Level AA published by the Web Accessibility Initiative of the World Wide Web Consortium (W3C). If WCAG 2.1 AA is updated during the Duration of this Agreement, the updated WCAG AA standard shall become the Access Standard within a reasonable period of time after the updated WCAG standard becomes final and is published by the W3C in order for the CRAs to implement the updates. When referring to PDF documents, where Central Source and the CRAs directly control the mechanism that converts the information to PDF format, the Access Standard means the PDF/UA (Universal Accessibility) standard, also referred to as ISO 14289.
7.2. Accessibility of www.annualcreditreport.com.
No later than June 30, 2023, and throughout the Duration of this Agreement thereafter, Central Source and the CRAs shall use best efforts to ensure that all pages, features, content, and functionality of www.annualcreditreport.com comply with the Access Standard. This Section requires all forms on www.annualcreditreport.com to comply with the Access Standard.
7.3. Accessibility of Online File Disclosures.
No later than June 30, 2023, and throughout the Duration of this Agreement thereafter, the CRAs shall use best efforts to ensure that all pages, features, content, and functionality of online Annual File Disclosures are available in HTML format and comply with the Access Standard.
7.4. Accessibility of Information Relating to Challenging Disclosures.
No later than June 30, 2023, and throughout the Duration of this Agreement thereafter, the CRAs shall use best efforts to ensure that all pages, features, content, and functionality needed to challenge, communicate about, and resolve disputes regarding the content of an Annual File Disclosure, including but not limited to Reinvestigation Results (Challenge and Resolution Process), comply with the Access Standard. All forms that are part of the Challenge and Resolution Process shall meet the Access Standard, be fillable online, and be submittable online.
7.5. Process when a Person with a Visual Impairment Fails Authentication.
No later than June 30, 2023, and throughout the Duration of this Agreement thereafter, the CRAs will ensure that their processes for communicating with and collecting information from individuals who fail online authentication when requesting an Annual File Disclosure (Authentication Failure and Remediation Process) meets the following criteria:

7.5.1.
All pages, features, content, and functionality that are part of the Authentication Failure and Remediation Process meet the Access Standard.
7.5.2.
To the extent online forms are used as part of the Authentication Failure and Remediation Process such forms shall meet the Access Standard, will be fillable online, and may be submitted online at the Consumer’s option. The Parties recognize that online authentication will not always be possible due to security or other concerns unrelated to a person’s visual impairment.
7.5.3.
The CRAs will provide a toll-free phone line that Consumers may utilize for obtaining authentication. The Parties recognize that phone authentication will not always be possible due to security or other concerns unrelated to a person’s visual impairment.
7.5.4.
On web pages where Consumers are given the option to request a print copy of their File Disclosure, the CRAs will also provide Consumers information about the option to select and request a Braille, Large Print, or Audio Disclosure. File Disclosures provided in these formats as part of the Authentication Failure and Remediation Process shall comply with Sections 3, 4, and 5 above.
7.6. Saving File Disclosures Online.
No later than June 30, 2023, and throughout the Duration of this Agreement thereafter, the CRAs shall use best efforts to ensure that if there is an option to print an online Annual File Disclosure, Consumers will also be provided with an option to save on their local machine the online Annual File Disclosure. PDF and HTML formats available through save functionality (“Saved Online Disclosures”) will meet the Access Standard no later than June 30, 2023. By that date any button or link labeled “print” that appears when an Annual File Disclosure is displayed on screen will be labeled “print or save.”
7.7. Additional Information on Individual CRA Websites.
In addition to other obligations in this Agreement, by no later than June 30, 2023, and throughout the Duration of this Agreement thereafter, the following aspects of Equifax.com, Experian.com, and TransUnion.com shall comply with the Access Standard:

7.7.1.
All pages, features, content, and functionality that are part of the process for requesting and obtaining (including authentication) online Annual File Disclosures through annualcreditreport.com.
7.8. CAPTCHAs.
7.8.1.
If any Completely Automated Public Turing Test to Tell Computers and Humans Apart or similar visual or textual Turing or reverse-Turing verification test (referred herein as “CAPTCHA”) is used on www.annualcreditreport.com, or on any CRA webpages that are required to provide the Annual File Disclosures, including webpages related to authentication Central Source and the CRAs will incorporate alternative security measures that meet the Access Standard and are usable by Persons with Visual Impairments.
7.8.2. Testing of Proposed Alternatives to Visual Verifications.
If Central Source or any CRA plans to use a CAPTCHA on the pages referred to in Section 7.8.1, they will provide a method for Claimants to test the alternative security measure to ensure that it is usable by Persons with a Visual Impairment. Absent any security concerns as determined by the CRAs and Central Source, such testing will occur sufficiently in advance of the planned use of the CAPTCHA for Central Source or any CRA to incorporate feedback provided by Claimants, provided such feedback is consistent with the Access Standard and the terms of this Agreement. If security concerns as determined by the CRAs and Central Source prevent or interrupt testing in advance, the testing will occur within a reasonable time after the CAPTCHA is implemented.
7.8.3. Suspension of Captcha Provisions to Respond to Security Threat.
If Central Source or any CRA determines that use of an alternative security measure is cryptologically unsound or is otherwise vulnerable to hack or cyberattack, Section 7.8.1 of this Agreement is suspended immediately. The CRAs will give Claimants prompt notice of such suspension and will meet and confer promptly in regard to (a) the timing and method of restoring use of an alternative security measure that complies with this Agreement; and (b) the need, if any, for Interim Measures during the suspension to enable Persons with a Visual Impairment to obtain Annual File Disclosures and File Disclosures. Any dispute remaining after the meet and confer will be subject to the terms of Section 11 below.
7.9. AI Overlay Software.
Unless separately agreed to by the Parties, throughout the Duration of this Agreement as a requirement for a user to obtain, challenge, or make inquiries about their Annual File Disclosure, Central Source and the CRAs will not license, purchase, or otherwise use any AI Overlay software that: (1) requires such user to download particular assistive technology or select certain settings to obtain any accessibility features or (2) promises ADA compliance upon the installation of one line of code. In addition, the AI Overlay software described here will not appear on any page found on annualcreditreport.com.
8. Training.
Each CRA will provide training to appropriate persons staffing the CRA’s Customer Service Telephone Lines. Such training will be designed to provide compliance with this Agreement and be appropriate for the roles of the staff receiving the training. At a minimum, the training will include information on (i) how Persons with a Visual Impairment may request Braille, Large Print Format and Audio Disclosures; (ii) how to handle failed authentication by a Person with a Visual Impairment; (iii) how to assist Persons with a Visual Impairment seeking assistance in navigating annualcreditreport.com and / or in requesting their online File Disclosure; (iv) how to track accessibility barriers reported by Consumers; (v) how and to whom to escalate calls from Persons with a Visual Impairment when needed. Upon Claimants reasonable request, and on a confidential basis, each CRA will provide Claimants an outline of the training materials. Claimants will provide their feedback on the training materials within fifteen (15) days of receipt and will return such materials upon the CRA’s request. Each CRA will consider the feedback provided by Claimants in good faith.
9. Usability Testing.
9.1.
Central Source and the Credit Report Agencies will ensure that annualcreditreport.com, Annual File Disclosures, and any pages on the individual CRA websites required to meet the Access Standard under the terms of this Agreement are tested periodically throughout the Duration of the Agreement for usability by persons with disabilities beginning no later than the end of the second quarter of 2023. Upon Claimants’ reasonable request, results of the usability testing will be shared with Claimants within 30 days after testing or such request (whichever is later), provided that no confidential information about testers or any unrelated findings will be disclosed.
9.2.
Throughout the Duration of this Agreement, Central Source and the Credit Report Agencies will consider in good faith feedback from Claimants regarding the accessibility and usability of annualcreditreport.com, Annual File Disclosures, and any pages, features and functions on the individuals CRA websites required to meet the Access Standard.
9.3. Meetings Regarding Implementation of this Agreement.
At least one time per year for the Duration of this Agreement, the Parties will meet virtually to discuss any issues related to this Agreement. At the option of the CRAs or Central Source, there will be a joint or separate meetings. At least ten (10) days before any meeting held pursuant to this Section, the Parties will notify each other as to topics they would like to discuss. If any Party believes that the presence of one or more Alternative Format vendors would be helpful at the meeting, the CRA(s) with a contract with that vendor(s) will request that the vendor participate in the meeting.

9.3.1
The parties acknowledge that the interplay between technologies and security considerations impact several of the issues addressed in this Agreement and that those technologies and security considerations may change throughout the Duration of this Agreement. For that reason, and separate and apart from the meetings described in Section 9.3 above, the Parties will meet in the fourth quarter of 2023 to discuss the following: (i) commercially available audio formats that can be delivered in a manner that meet security standards of the CRAs and Central Source; (ii) methods of delivering electronic Braille File Disclosures that meet security standards of the CRAs and Central Source; (iii) methods for making a secure, accessible online request for Alternative Format File Disclosures; and (iv) any other emerging technologies or security issues that impact the subject of this Agreement. Any changes to this Agreement agreed to by the Parties on these topics will be memorialized in writing as an amendment to this Agreement.
10. Accessibility Information on annualcreditreport.com.
10.1. Accessibility Statement.
Central Source and the CRAs will continue to maintain an Accessibility Statement on annualcreditreport.com for the Duration of this Agreement. As set forth in Section 6.1 above, the Accessibility Statement will remain in the footer of every page of the website. No later than June 30, 2023, the Accessibility Statement will be updated as follows:

10.1.1.
The Statement will refer to the commitment by Central Source and the CRAs to comply with WCAG 2.1 Level A and Level AA and PDF/UA, as set forth in Section 7.1.
10.1.2.
Contact information to provide accessibility feedback will be included in the Accessibility section.
10.1.3
The third bullet in the section titled “Can I get credit reports in Braille, large print or audio format?” will be revised to read “orally certify that you are blind or a person with a visual impairment.
10.1.4
The language referring to deaf and hard of hearing consumers will be moved to a new section that will follow the section about receiving credit reports in Braille, Large Print, and Audio Formats.
10.2. Frequently Asked Questions (FAQs).
No later than June 30, 2023, Central Source and the CRAs will update the FAQ page on annualcreditreport.com to include information about the availability of, and methods for obtaining Alternative Formats. The FAQ page will also include a link to the Accessibility Statement for further information about online accessibility.
10.3. Requesting Reports Section of annualcreditreport.com.
No later than June 30, 2023, the section of annualcreditreport.com about Consumers requesting reports will be updated as follows:

10.3.1
A reference to the ability to obtain and how to request reports in Braille, Large Print and Audio Format will be included in the main section about requesting reports by phone.
10.3.2
The section titled “Requesting reports in special situations” will be changed to “Requesting reports in Braille, Large Print and Audio Format.”
10.3.3
The language on the Requesting Reports page about requesting Alternative Formats that states: “Provide additional information to certify that you are blind,” will be changed to conform to the self-certification Section of this Agreement as set forth in Section 10.1.3.
10.4. All About Credit Reports section of annualcreditreport.com.
No later than June 30, 2023, the Requesting Reports in Special Situations section of the All About Credit Reports page will be updated as follows:

10.4.1
The language referring to deaf and hard of hearing consumers will be moved to a new section that will follow the Section about receiving credit reports in Braille, Large Print, and Audio Formats.
10.4.2
The first paragraph in the section titled “Can I get credit reports in Braille, large print or audio format?” will be revised to read: “Yes. Blind and Visually Impaired Consumers can ask for their free annual credit reports in Braille, Large Print or Audio Formats.
10.4.3
The third bullet in the section titled “Can I get credit reports in Braille, large print or audio format?” will be revised to read “orally certify that you are blind or a person with a visual impairment.
10.5. “Contact Us” Form.
No later than June 30, 2023, the Contact Us form on annualcreditreport.com will be updated as follows:

10.5.1.
An option for the Consumer to select “I am a person with a disability and experienced an accessibility issue while obtaining my report or using this website” will be included under the heading “What Kind of Comment do you have”
10.5.2.
The link to section 508.gov will be removed from Step 2.
10.6. Three Steps to your Free Credit report page.
No later than June 30, 2023, the Three Steps to your Free Credit report page on annualcreditreport.com will be updated as follows:

10.6.1.
The text reading “If you can, print your credit reports so you can look at them later.” Will be changed to “If you can, save or print your credit reports so you can review them later.
10.6.2
The text reading “3 Steps to your Free Credit Reports” will be changed to “3 Steps to Your Free Online Credit Reports.”
10.6.3
Text will be added to that page reading “For information on how to obtain your credit report in Braille, Large Print and Audio Formats please visit the Accessibility Page.” The words “Accessibility Page” will be linked to that page.
11. Procedures in the Event of Disputes.
11.1. Notice of Non-Compliance.
If at any time a party reasonably believes that another party has not complied with any provision of this Agreement, that party shall provide the other party with a written Notice of Non-compliance containing the following information: (i) the alleged act of non-compliance; (ii) a reference to the specific provision(s) of the Agreement that are involved; (iii) a statement of the remedial action sought by the initiating party; and (iv) a brief statement of the specific facts, circumstances and argument supporting the position of the initiating party. Notices issued pursuant to this provision shall be deemed “Confidential” and shall not be disclosed by Claimants to any third party or to another CRA, except as necessary to enforce the terms of this Agreement.
11.2. Meet and Confer.
Within ten (10) days of receipt of a Notice provided pursuant to Sections 11.1, Claimants giving notice and the party to whom the Notice is directed shall informally meet via telephone or videoconference and confer and attempt to resolve the issues raised in the Notice.
11.3.
If no resolution to a Notice of Non-Compliance is reached, the parties shall submit their dispute to mediation before a mutually agreed upon mediator.If mediation proves unsuccessful, the parties agree to submit to confidential binding arbitration. A neutral arbitrator shall be chosen by agreement of the parties. Any such arbitration will be held in the San Francisco Bay Area or via video conference.
12. Notice or Communication to Parties.
Any notice or communication required or permitted to be given to the parties hereunder shall be given in writing by e-mail and by overnight express mail or United States first class mail, addressed as follows:

To: Claimants:

Linda M. Dardarian
c/o Goldstein, Borgen, Dardarian & Ho
155 Grand Avenue, Suite 900
Oakland, CA 94612
[email omitted]

Lainey Feingold
Law Office of Lainey Feingold
[email omitted]

To: Companies:

Experian:
475 Anton Blvd.
Costa Mesa, CA 92626
ATTN General Counsel

TransUnion:
EVP/Chief Legal Officer
TransUnion LLC
555 W. Adams Street
Chicago, IL 60661

Equifax:
Office of the General Counsel
Equifax Inc.
1550 Peachtree Street, N.W.
Atlanta, GA 30309

Central Source LLC

12276 San Jose Blvd, Ste 427
Jacksonville, FL 32223-8629
ATTN: General Manager

13. Publicity Regarding This Agreement and Its Terms.
13.1.
The parties will work together to prepare a joint public statement that is mutually approved by all parties about the availability of alternative formats and accessible online reports. The parties will issue the joint public statement on a mutually agreeable date.
13.2.
Except as provided in Section 13.1, during the term of this Agreement, neither Claimants nor Claimants’ Counsel shall issue any press release or media announcement regarding any of the CRA signators to this Agreement or the subject matter covered by this Agreement. Any other public statements the Parties and Counsel make about the subject matter covered by this Agreement shall be consistent with the joint media announcement.
14. Modification in Writing.
No modification of this Agreement by the Parties shall be effective unless it is in writing and signed by an authorized representative of, or counsel for, each of the parties hereto.
15. Agreement Binding on Assigns and Successors; No Third-Party Beneficiaries.
15.1. Assigns and Successors.
This Agreement shall bind any assigns and successors of the CRAs and Central Source. Within thirty (30) days of assignment or succession, Central Source or the affected CRA shall notify Claimants in writing of the existence, name, address and telephone number of any assigns or successors relating to the subject matters addressed herein.
15.2. No Third-Party Beneficiaries.
This Agreement is for the benefit of the Parties hereto only and no other person or entity shall be entitled to rely hereon, receive any benefit herefrom, or enforce against either party any provision hereof. The Parties specifically intend that there be no third-party beneficiaries to this Agreement.
16. Force Majeure.
The performance of the CRAs and Central Source under this Agreement shall be excused during the period and to the extent that such performance is rendered impossible, impracticable, or unduly burdensome due to acts of God, strikes or lockouts, unavailability of parts, equipment or materials through normal supply sources, security threat, epidemic or pandemic resulting in government-mandated closure of businesses, or any other event of force majeure. If any CRA or Central Source seeks to invoke this section as the result of an event of force majeure impacting only the CRA’s ability to satisfy its obligations under the terms of this Agreement and not the CRA’s ability to provide services to other consumers, it shall notify Claimants in writing as soon as reasonably practicable, specifying the particular action(s) that could not be performed and the specific reason for non-performance. Claimants’ Counsel and the party(ies) invoking this section will thereafter meet and confer regarding an alternative schedule for completion of the action that could not be performed, or an alternative action. Any dispute regarding the applicability of this section, or any future action to be taken, that remains after the meet and confer session will be handled as a dispute pursuant to Section 11 of this Agreement.
17. Integrated Agreement.
This Agreement and the Confidential Addendum hereto constitute the final, complete, and exclusive Agreement between the parties relating to the subject matters addressed herein and supersedes any prior or contemporaneous written or oral agreements between the Parties, including without limitation the Structured Negotiation Ground Rules Agreement. The terms of this Agreement are contractual and not merely recitals.
18. Rules of Construction.
Each party and its legal counsel have reviewed and participated in the drafting of this Agreement and any rule of construction to the effect that ambiguities are construed against the drafting party shall not apply in the interpretation or construction of this Agreement. Section titles used herein are intended for reference purposes only and are not to be construed as part of the Agreement. The Recitals are integral to the construction and interpretation of this Agreement and are therefore incorporated into this Agreement in their entirety.
19. Effect of Settlement.
Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of the Agreement: (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any wrongdoing or liability of any CRA or Central Source; or (b) is or may be deemed to be or may be used as an admission of, or evidence of, any fault or omission of any CRA or Central Source in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Any CRA or Central Source may file the Agreement in any action that may be brought against it in order to attempt to support any defense or counterclaim.
20. Multiple Originals/Execution in Counterparts.
This document may be executed in counterparts, each of which shall be deemed an original and all of which together will constitute one agreement. Electronic signatures and other signed copies transmitted electronically in PDF or similar format
shall be treated as originals.

SO AGREED:

  • American Council of the Blind
  • Brian Charlson
  • James Gleason
  • Paul Parravano
  • Lori Gray
  • Lucy Greco
  • Equifax Information Services LLC
  • Experian Information Solutions, Inc.
  • TransUnion LLC
  • Central Source LLC